S.Amdt. 1009

SA 1009. Mr. SASSE submitted an amendment intended to be proposed to
amendment SA 1003 proposed by Mr. McCain (for himself and Mr. Reed) to
the bill H.R. 2810, to authorize appropriations for fiscal year 2018
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the appropriate place in subtitle C of title XVI, insert
the following:

SEC. ___. CYBERSPACE SOLARIUM COMMISSION.

(a) Establishment.--
(1) In general.--There is established a commission to
develop a consensus on a strategic approach to protecting the
crucial advantages of the United States in cyberspace against
the attempts of adversaries to erode such advantages.
(2) Designation.--The commission established under
paragraph (1) shall be known as the ``Cyberspace Solarium
Commission'' (in this section the ``Commission'').
(b) Membership.--
(1) Composition.--(A) Subject to subparagraph (B), the
Commission shall be composed of 13 members, as follows:
(i) The Principal Deputy Director of National Intelligence.
(ii) The Deputy Director of Homeland Security.
(iii) The Deputy Secretary of Defense.
(iv) Three members appointed by the majority leader of the
Senate, in consultation with the Chairman of the Committee on
Armed Services of the Senate, one of whom shall be a member
of the Senate and two of whom shall not be.
(v) Two members appointed by the minority leader of the
Senate, in consultation with the Ranking Member of the
Committee on Armed Services of the Senate, one of whom shall
be a member of the Senate and one of whom shall not be.
(vi) Three members appointed by the Speaker of the House of
Representatives, in consultation with the Chairman of the
Committee on Armed Services of the House of Representatives,
one of whom shall be a member of the House of Representatives
and two of whom shall not be.
(vii) Two members appointed by the minority leader of the
House of Representatives, in consultation with the Ranking
Member of the Committee on Armed Services of the House of
Representatives, one of whom shall be a member of the House
of Representatives and one of whom shall not be.
(B)(i) The members of the Commission who are not members of
Congress and who are appointed under clauses (iv) through
(vii) of subparagraph (A) shall be individuals who are
nationally recognized for expertise, knowledge, or experience
in--
(I) cyber strategy or national-level strategies to combat
long-term adversaries;
(II) cyber technology and innovation;
(III) use of intelligence information by national
policymakers and military leaders; or
(IV) the implementation, funding, or oversight of the
national security policies of the United States.
(ii) An official who appoints members of the Commission may
not appoint an individual as a member of the Commission if,
in the judgment of the official, such individual possesses
any personal or financial interest in the discharge of any of
the duties of the Commission.
(iii) All members of the Commission described in clause (i)
shall possess an appropriate security clearance in accordance
with applicable provisions of law concerning the handling of
classified information.
(2) Co-chairs.--(A) The Commission shall have two co-
chairs, selected from among the members of the Commission.
(B) One co-chair of the Commission shall be a member of the
Democratic Party, and one co-chair shall be a member of the
Republican Party.
(C) The individuals who serve as the co-chairs of the
Commission shall be jointly agreed upon by the President, the
majority leader of the Senate, the minority leader of the
Senate, the Speaker of the House of Representatives, and the
minority leader of the House of Representatives.
(c) Appointment; Initial Meeting.--
(1) Appointment.--Members of the Commission shall be
appointed not later than 45 days after the date of the
enactment of this Act.

[[Page S5675]]

(2) Initial meeting.--The Commission shall hold its initial
meeting on the date that is 60 days after the date of the
enactment of this Act.
(d) Meetings; Quorum; Vacancies.--
(1) In general.--After its initial meeting, the Commission
shall meet upon the call of the co-chairs of the Commission.
(2) Quorum.--Seven members of the Commission shall
constitute a quorum for purposes of conducting business,
except that two members of the Commission shall constitute a
quorum for purposes of receiving testimony.
(3) Vacancies.--Any vacancy in the Commission shall not
affect its powers, but shall be filled in the same manner in
which the original appointment was made.
(4) Quorum with vacancies.--If vacancies in the Commission
occur on any day after 45 days after the date of the
enactment of this Act, a quorum shall consist of a majority
of the members of the Commission as of such day.
(e) Actions of Commission.--
(1) In general.--The Commission shall act by resolution
agreed to by a majority of the members of the Commission
voting and present.
(2) Panels.--The Commission may establish panels composed
of less than the full membership of the Commission for
purposes of carrying out the duties of the Commission under
this title. The actions of any such panel shall be subject to
the review and control of the Commission. Any findings and
determinations made by such a panel shall not be considered
the findings and determinations of the Commission unless
approved by the Commission.
(3) Delegation.--Any member, agent, or staff of the
Commission may, if authorized by the co-chairs of the
Commission, take any action which the Commission is
authorized to take pursuant to this title.
(f) Duties.--The duties of the Commission are as follows:
(1) To weigh the costs and benefits of various strategic
options to reach the goal of protecting the advantages
described in subsection (a)(1), including the political
system of the United States, the national security industrial
sector of the United States, and the innovation base of the
United States. The options to be assessed should include
deterrence, norms-based regimes, and cyber persistence.
(2) To review adversarial strategies and intentions,
current programs for the protection of advantages described
in subsection (a)(1), and the capabilities of the Federal
Government to understand if and how adversaries are currently
being deterred or thwarted in their aims and ambitions.
(3) To evaluate the current allocation of resources for
understanding adversarial strategies and intentions and
protecting the advantages described in subsection (a)(1).
(4) In weighing the options for protecting advantages as
described in subsection (a)(1), to consider possible
structures and authorities that need to be established,
revised, or augmented within the Federal Government.
(g) Powers of Commission.--
(1) In general.--(A) The Commission or, on the
authorization of the Commission, any subcommittee or member
thereof, may, for the purpose of carrying out the provisions
of this section--
(i) hold such hearings and sit and act at such times and
places, take such testimony, receive such evidence, and
administer such oaths; and
(ii) require, by subpoena or otherwise, the attendance and
testimony of such witnesses and the production of such books,
records, correspondence, memoranda, papers, and documents, as
the Commission or such designated subcommittee or designated
member considers necessary.
(B) Subpoenas may be issued under subparagraph (A)(ii)
under the signature of the co-chairs of the Commission, and
may be served by any person designated by such co-chairs.
(C) The provisions of sections 102 through 104 of the
Revised Statutes of the United States (2 U.S.C. 192-194)
shall apply in the case of any failure of a witness to comply
with any subpoena or to testify when summoned under authority
of this section.
(2) Contracting.--The Commission may, to such extent and in
such amounts as are provided in advance in appropriation
Acts, enter into contracts to enable the Commission to
discharge its duties under this title.
(3) Information from federal agencies.--(A) The Commission
may secure directly from any executive department, agency,
bureau, board, commission, office, independent establishment,
or instrumentality of the Government information,
suggestions, estimates, and statistics for the purposes of
this title.
(B) Each such department, agency, bureau, board,
commission, office, establishment, or instrumentality shall,
to the extent authorized by law, furnish such information,
suggestions, estimates, and statistics directly to the
Commission, upon request of the co-chairs of the Commission.
(C) The Commission shall handle and protect all classified
information provided to it under this section in accordance
with applicable statutes and regulations.
(4) Assistance from federal agencies.--(A) The Secretary of
Defense shall provide to the Commission, on a nonreimbursable
basis, such administrative services, funds, staff,
facilities, and other support services as are necessary for
the performance of the Commission's duties under this title.
(B) The Director of National Intelligence may provide the
Commission, on a nonreimbursable basis, with such
administrative services, staff, and other support services as
the Commission may request.
(C) In addition to the assistance set forth in paragraphs
(1) and (2), other departments and agencies of the United
States may provide the Commission such services, funds,
facilities, staff, and other support as such departments and
agencies consider advisable and as may be authorized by law.
(D) The Commission shall receive the full and timely
cooperation of any official, department, or agency of the
United States Government whose assistance is necessary for
the fulfillment of the duties of the Commission under this
title, including the provision of full and current briefings
and analyses.
(5) Prohibition on withholding information.--No department
or agency of the Government may withhold information from the
Commission on the grounds that providing the information to
the Commission would constitute the unauthorized disclosure
of classified information or information relating to
intelligence sources or methods.
(6) Postal services.--The Commission may use the United
States mails in the same manner and under the same conditions
as the departments and agencies of the United States.
(7) Gifts.--The Commission may accept, use, and dispose of
gifts or donations of services or property in carrying out
its duties under this title.
(h) Staff of Commission.--
(1) In general.--(A) The co-chairs of the Commission, in
accordance with rules agreed upon by the Commission, shall
appoint and fix the compensation of a staff director and such
other personnel as may be necessary to enable the Commission
to carry out its duties, without regard to the provisions of
title 5, United States Code, governing appointments in the
competitive service, and without regard to the provisions of
chapter 51 and subchapter III of chapter 53 of such title
relating to classification and General Schedule pay rates,
except that no rate of pay fixed under this subsection may
exceed the equivalent of that payable to a person occupying a
position at level V of the Executive Schedule under section
5316 of such title.
(B) Any Federal Government employee may be detailed to the
Commission without reimbursement from the Commission, and
such detailee shall retain the rights, status, and privileges
of his or her regular employment without interruption.
(C) All staff of the Commission shall possess a security
clearance in accordance with applicable laws and regulations
concerning the handling of classified information.
(2) Consultant services.--(A) The Commission may procure
the services of experts and consultants in accordance with
section 3109 of title 5, United States Code, but at rates not
to exceed the daily rate paid a person occupying a position
at level IV of the Executive Schedule under section 5315 of
such title.
(B) All experts and consultants employed by the Commission
shall possess a security clearance in accordance with
applicable laws and regulations concerning the handling of
classified information. H. R. 4628-60.
(i) Compensation and Travel Expenses.--
(1) Compensation.--(A) Except as provided in paragraph (2),
each member of the Commission may be compensated at not to
exceed the daily equivalent of the annual rate of basic pay
in effect for a position at level IV of the Executive
Schedule under section 5315 of title 5, United States Code,
for each day during which that member is engaged in the
actual performance of the duties of the Commission under this
title.
(B) Members of the Commission who are officers or employees
of the United States or Members of Congress shall receive no
additional pay by reason of their service on the Commission.
(2) Travel expenses.--While away from their homes or
regular places of business in the performance of services for
the Commission, members of the Commission may be allowed
travel expenses, including per diem in lieu of subsistence,
in the same manner as persons employed intermittently in the
Government service are allowed expenses under section 5703 of
title 5, United States Code.
(j) Treatment of Information Relating to National
Security.--
(1) In general.--(A) The Director of National Intelligence
shall assume responsibility for the handling and disposition
of any information related to the national security of the
United States that is received, considered, or used by the
Commission under this title.
(B) Any information related to the national security of the
United States that is provided to the Commission by a
congressional intelligence committees or the congressional
armed services committees may not be further provided or
released without the approval of the chairman of such
committees.
(2) Access after termination of commission.--
Notwithstanding any other provision of law, after the
termination of the Commission under subsection (m)(2), only
the members and designated staff of the congressional
intelligence committees, the Director of National
Intelligence (and the designees of the Director), and such
other officials of the executive branch as the President may
designate shall have access to information related to the
national security of the United

[[Page S5676]]

States that is received, considered, or used by the
Commission.
(k) Final Report; Termination.--
(1) Final report.--Not later than September 1, 2019, the
Commission shall submit to the congressional defense
committees, the congressional intelligence committees, the
Director of National Intelligence, and the Secretary of
Defense, and the Director of Homeland Security a final report
on the findings of the Commission.
(2) Termination.--(A) The Commission, and all the
authorities of this section, shall terminate at the end of
the 120-day period beginning on the date on which the final
report under paragraph (1) is submitted to the congressional
defense and intelligence committees.
(B) The Commission may use the 120-day period referred to
in paragraph (1) for the purposes of concluding its
activities, including providing testimony to Congress
concerning the final report referred to in that paragraph and
disseminating the report.
(l) Assessments of Final Report.--Not later than 60 days
after receipt of the final report under subsection (k)(1),
the Director of National Intelligence and the Secretary of
Defense shall each submit to the congressional intelligence
committees an assessment by the Director or the Secretary, as
the case may be, of the final report. Each assessment shall
include such comments on the findings and recommendations
contained in the final report as the Director or Secretary,
as the case may be, considers appropriate.
(m) Inapplicability of Certain Administrative Provisions.--
(1) Federal advisory committee act.--The provisions of the
Federal Advisory Committee Act (5 U.S.C. App.) shall not
apply to the activities of the Commission under this section.
(2) Freedom of information act.--The provisions of section
552 of title 5, United States Code (commonly referred to as
the Freedom of Information Act), shall not apply to the
activities, records, and proceedings of the Commission under
this section.
(n) Funding.--
(1) Authorization of appropriations.--There is authorized
to be appropriated $4,000,000 to carry out this section.
(2) Availability in general.--Subject to paragraph (1), the
Secretary of Defense shall make available to the Commission
such amounts as the Commission may require for purposes of
the activities of the Commission under this title.
(3) Duration of availability.--Amounts made available to
the Commission under paragraph (2) shall remain available
until expended.
(o) Congressional Intelligence Committees Defined.--In this
section, the term ``congressional intelligence committees''
means--
(1) the Select Committee on Intelligence of the Senate; and
(2) the Permanent Select Committee on Intelligence of the
House of Representatives.
______